December 2010 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected December 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Administrative proceeding; settlement does not render case moot. The fact that the complainant manifested that he is no longer interested to pursue the administrative case against the respondent since he and the latter have already agreed to settle their dispute amicably would not render the case moot.  The withdrawal of complaints cannot divest the Court of its jurisdiction nor strip it of its power to determine the veracity of the charges made and to discipline, such as the results of its investigation may warrant, an erring respondent.  Administrative actions cannot depend on the will or pleasure of the complainant who may, for reasons of his own, condone what may be destestable.  Neither can the Court be bound by the unilateral act of the complainant in a matter relating to its disciplinary power.  The Court’s interest in the affairs of the judiciary is of paramount concern.  For sure, public interest is at stake in the conduct and actuations of officials and employees of the judiciary, inasmuch as the various programs and efforts of this Court in improving the delivery of justice to the people should not be frustrated and put to naught by private arrangements between the parties.  Fernando P. Chan vs. Joven T. Olegario, Process Server, Regional Trial Court, Branch 6, Iligan City, A.M. No. P-09-2714, December 6, 2010.

Attorney; negligence. Respondent Atty. Elayda failed to inform his clients, petitioners herein, of the dates of hearing and the adverse decision against them, which eventually became final and executory as no appeal was filed therefrom, to the prejudice of his clients. A lawyer is duty bound to uphold and safeguard the interests of his clients.  He should be conscientious, competent and diligent in handling his clients’ cases.  Atty. Elayda should give adequate attention, care, and time to all the cases he is handling.  As the petitioners’ counsel, Atty. Elayda is expected to monitor the progress of said spouses’ case and is obligated to exert all efforts to present every remedy or defense authorized by law to protect the cause espoused by the petitioners. Respondent is guilty of gross negligence. Spouses Virgilio and Angelina Aranda vs. Atty. Emmanuel F. Elayda, A.C. No. 7907. December 15, 2010

Court personnel; conduct unbecoming of court employee. Respondent Olegario, a court process server, evaded the payment of his debt for seven (7) years. Respondent Olegario is guilty of conduct unbecoming of court employee. The Court stressed the need for circumspect and proper behavior on the part of court employees. While it may be just for an individual to incur indebtedness unrestrained by the fact that he is a public officer or employee, caution should be taken to prevent the occurrence of dubious circumstances that might inevitably impair the image of the public office. Employees of the court should always keep in mind that the court is regarded by the public with respect. Certainly, to preserve decency within the judiciary, court personnel must comply with just contractual obligations, act fairly and adhere to high ethical standards. Like all other court personnel, Olegario is expected to be a paragon of uprightness, fairness and honesty not only in all his official conduct but also in his personal actuations, including business and commercial transactions, so as to avoid becoming his court’s albatross of infamy. The penalty imposed by the law is not directed at Olegario’s private life, but at his actuation unbecoming a public official.  Fernando P. Chan vs. Joven T. Olegario, Process Server, Regional Trial Court, Branch 6, Iligan City, A.M. No. P-09-2714, December 6, 2010.

November 2010 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected November 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Attorney; gross misconduct. Deliberate failure to pay just debts constitute gross misconduct, for which a lawyer may be sanctioned with suspension from the practice of law. Lawyers are instruments for the administration of justice and vanguards of our legal system. They must, at all times, faithfully perform their duties to society, to the bar, the courts and to their clients, which include prompt payment of financial obligations. Manuel C. Yuhico vs. Atty. Fred L. Gutierrez, A.C. No. 8391, November 23, 2010.

Attorney; gross misconduct. There is nothing ethically remiss in a lawyer who files numerous cases in different fora, as long as he does so in good faith, in accordance with the Rules, and without any ill-motive or purpose other than to achieve justice and fairness.  In the present case, however, we find that the barrage of cases filed by the respondent against his former client and others close to her was meant to overwhelm said client and to show her that the respondent does not fold easily after he was meted a penalty of one year suspension from the practice of law. Atty. Carmen Leonor M. Alcantara, et al. vs. Atty. Eduardo C. de Vera, A.C. No. 5859, November 23, 2010.

Court personnel; gross dishonesty.  Saddi’s failure to turn over up to this time the full amount of his collections and to adequately explain and present evidence thereon constitute gross dishonesty, grave misconduct, and even malversation of public funds.  The delayed remittance of his cash collections and failure to submit monthly reports of court funds he received constitute gross neglect of duty.  Dishonesty alone, being in the nature of a grave offense, carries the extreme penalty of dismissal from the service with forfeiture of retirement benefits, except accrued leave credits, and perpetual disqualification for reemployment in the government service.  Office of the Court Administrator vs. Gregorio B. Saddi, A.M. No. P-10-2818, November 15, 2010.

October 2010 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected September 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Attorney; misconduct. Respondent (lawyer) was ordered to reimburse his client Php16,300.00.  Nine years after the directive was made, he effected payment.  Respondent’s belated “compliance” with the order glaringly speaks of his lack of candor, of his dishonesty, if not defiance of Court orders, qualities that do not endear him to the esteemed brotherhood of lawyers. The lack of any sufficient justification or explanation for the nine-year delay in complying with the Resolutions betrays a clear and contumacious disregard for the lawful orders of this Court. Such disrespect constitutes a clear violation of the lawyer’s Code of Professional Responsibility. Leonard W. Richards vs. Patricio A. Asoy, A.C. No. 2655, October 12, 2010.

Court personnel; conduct prejudicial to best interest of the service. This case filed by Argoso against Regalado  involves money received by Regalado from an interested  party to implement a writ of execution.  Regalado should not have received money from Argoso for his transportation to Daet, without previously submitting his expenses for the court’s approval.  Regalado’s admission that he received money without complying with the proper procedure in enforcing writs of execution, made him guilty of conduct prejudicial to the best interest of the service. Levi M. Agroso vs. Achilles Andrew Regalado II, etc., A.M. No. P-09-2735, October 12, 2010.

Court personnel; dishonesty. Respondent (clerk of court) failed to regularly submit monthly reports of collections and deposits, as required by SC Circular No. 32-93, and official receipts and other documents, despite the Court’s repeated orders.  The failure to remit the funds in due time amounts to dishonesty and grave misconduct, which the Court cannot tolerate for they diminish the people’s faith in the judiciary.  Office of the Court Administrator vs. Marcela V. Santos, Clerk of Court II etc., A.M. No. P-06-2287, October 12, 2010.

Court personnel; dishonesty etc. Fernandez deserves to be sanctioned.  Her habitual tardiness and absenteeism, coupled with her submission of a falsified document to cover up some of her absences, do not speak well of her fitness for employment in the public service, especially in the judiciary.  We cannot ignore the gross dishonesty involved in her submission of a falsified document to cover up several unauthorized absences.   Isabel D. Marquez vs. Jocelyn C. Fernandez, A.M. No. P-07-2358, October 19, 2010.

Court personnel; gross misconduct. On several instances, Abellanosa demanded and received various sums of money from party-litigants in cases pending before the RTC of Makati, Branch 137.  Also, the Order of the Makati RTC Branch 137 was published in the Taliba newspaper, but it did not go through the mandated procedure for distribution of judicial notices or orders by raffle to qualified newspapers or periodicals under P.D. No. 1079.  Abellanosa’s acts of soliciting money from litigants to facilitate the publication of their petitions or orders of the court clearly manifested her desire to achieve personal gain and constitutes gross misconduct which is deplorable. Judge Jenny Lind R. Aldecoa-Delorino vs. Jessica B. Abellanosa, etc./Jessica B. Abellanosa, etc. vs. Judge Jenny Lind R. Aldecoa-Delorino/Jessica B. Abellanosa etc. vs. Rowena L. Ramos, etc., A.M. No. P-08-2472/A.M. No. RTJ-08-2106/A.M. No. P-08-2420, October 19, 2010.

September 2010 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected September 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Attorney; mistake binding on client. Petitioner cannot simply harp on the mistakes and negligence of his lawyer allegedly beset with personal problems and emotional depression.   The negligence and mistakes of counsel are binding on the client.  There are exceptions to this rule, such as when the reckless or gross negligence of counsel deprives the client of due process of law, or when the application of the general rule results in the outright deprivation of one’s property or liberty through a technicality. However, in this case, we find no reason to exempt petitioner from the general rule. The admitted inability of his counsel to attend fully and ably to the prosecution of his appeal and other sorts of excuses should have prompted petitioner to be more vigilant in protecting his rights and replace said counsel with a more competent lawyer.  Instead, petitioner continued to allow his counsel to represent him on appeal and even up to this Court, apparently in the hope of moving this Court with a fervent plea for relaxation of the rules for reason of petitioner’s age and medical condition.  Verily, diligence is required not only from lawyers but also from their clients. Gregorio Dimarucot y Garcia vs.. People of the Philippines, G.R. No. 183975,September 20, 2010.

Attorney; mistake binding on client. Considering the initial 15-day extension granted by the CA and the injunction under Sec. 4, Rule 43 of the 1997 Rules of Civil Procedure against further extensions “except for the most compelling reason”, it was clearly inexcusable for petitioner to expediently plead its counsel’s heavy workload as ground for seeking an additional extension of 10 days within which to file its petition for review.  To our mind, petitioner would do well to remember that, rather than the low gate to which parties are unreasonably required to stoop, procedural rules are designed for the orderly conduct of proceedings and expeditious settlement of cases in the courts of law.  Like all rules, they are required to be followed and utter disregard of the same cannot be expediently rationalized by harping on the policy of liberal construction which was never intended as an unfettered license to disregard the letter of the law or, for that matter, a convenient excuse to substitute substantial compliance for regular adherence thereto.  When it comes to compliance with time rules, the Court cannot afford inexcusable delay. J. Tiosejo Investment Corporation vs.. Sps. Benjamin and Eleanor Ang, G.R. No. 174149, September 8, 2010.

Attorney’s fees. It is settled that a claim for attorney’s fees may be asserted either in the very action in which a lawyer rendered his services or in a separate action.  But enforcing it in the main case bodes well as it forestalls multiplicity of suits.  The intestate court in this case, therefore, correctly allowed Atty. Siapian to interject his claim for attorney’s fees in the estate proceedings against some of the heirs and, after hearing, adjudicate the same on April 3, 1997 with an order for Arturo, et al to pay Atty. Siapian the fees of P3 million due him.  Since the award of P3 million in attorney’s fees in favor of Atty. Siapian had already become final and executory, the intestate court was within its powers to order the Register of Deeds to annotate his lien on the Estate’s titles to its properties.  The Estate has no cause for complaint since the lien was neither a claim nor a burden against the Estate itself.  It was not enforceable against the Estate but only against Arturo, et al, who constituted the majority of the heirs. Heirs and/or Estate of Atty. Rolando P. Siapian, represented by Susan S. Mendoza vs. Intestate Estate of the Late Eufrocina G. Mackay as represented by Dr. Roderick Mackay, et al., G.R. No. 184799, September 1, 2010.

August 2010 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected August 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Attorney; gross discourtesy. When Milagros finally met respondent on September 30, 2008 [in order to collect on his debt to her], respondent, in the presence of several others, told her “Eh kung sabihin ko na sugar mommy kita,” adding that “Nagpapakantot ka naman sa akin.” The Court finds that respondent is indeed guilty of gross discourtesy amounting to conduct unbecoming of a court employee.  By such violation, respondent failed to live up to his oath of office as member of the Integrated Bar of the Philippines and violated Rule 7.03 of the Code of Professional Responsibility. The Court has consistently been reminding officials and employees of the Judiciary that their conduct or behavior is circumscribed with a heavy burden of responsibility which, at all times, should be characterized by, among other things, strict propriety and decorum. As such, they should not use abusive, offensive, scandalous, menacing and improper language. Their every act or word should be marked by prudence, restraint, courtesy and dignity. Aside from violating Rule 7.03 of the Code of Professional Responsibility, respondent appears to have also violated Rule 8.01 of the same Code. Complaints of Mrs. Milagros Lee & Samantha Lee against Atty. Gil Luisito R. Capito, A.M. No. 2008-19-SC. August 18, 2010

Attorney; mistake binding on client. A client is generally bound by the mistakes of his lawyer; otherwise, there would never be an end to a litigation as long as a new counsel could be employed, and who could then allege and show that the preceding counsel had not been sufficiently diligent or experienced or learned. The legal profession demands of a lawyer that degree of vigilance and attention expected of a good father of a family; such lawyer should adopt the norm of practice expected of men of good intentions.  Moreover, a lawyer owes it to himself and to his clients to adopt an efficient and orderly system of keeping track of the developments in his cases, and should be knowledgeable of the remedies appropriate to his cases. National Tobacco Administration vs. Daniel Castillo, G.R. No. 154124,August 13, 2010.

Attorney; mistake of counsel. Granting that their counsel made a mistake in entering into such stipulations, such procedural error unfortunately bound them.  The Court has consistently held that the mistake or negligence of a counsel in the area of procedural technique binds the client unless such mistake or negligence of counsel is so gross or palpable that would require the courts to step in and accord relief to the client who suffered thereby.  Without this doctrinal rule, there would never be an end to a suit so long as a new counsel could be employed to allege and show that the prior counsel had not been sufficiently diligent, experienced, or learned. Gilbert Urma, et al. vs. Hon. Orlando Beltran, et al., G.R. No. 180836, August 8, 2010.

July 2010 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected July 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Attorney; attorney’s fees. The issue of the reasonable legal fees due to respondent still needs to be resolved in a trial on the merits with the following integral sub-issues: (1) the reasonableness of the 10% contingent fee given that the recovery of Tiwi’s share [in unpaid realty taxes] was not solely attributable to the legal services rendered by respondent, (2) the nature, extent of legal work, and significance of the cases allegedly handled by respondent which reasonably contributed, directly or indirectly, to the recovery of Tiwi’s share, and (3) the relative benefit derived by Tiwi from the services rendered by respondent. The amount of reasonable attorney’s fees finally determined by the trial court should be without legal interest in line with well-settled jurisprudence. Municipality of Tiwi, represented by Hon. Mayor Jaime C. Villanueva and Sangguniang Bayan of Tiwi Vs. Antonio B. Betito, G.R. No. 171873, July 9, 2010.

Attorney; engagement of private counsel by GOCC. In Phividec Industrial Authority v. Capitol Steel Corporation, we listed three (3) indispensable conditions before a GOCC can hire a private lawyer: (1) private counsel can only be hired in exceptional cases; (2) the GOCC must first secure the written conformity and acquiescence of the Solicitor General or the Government Corporate Counsel, as the case may be; and (3) the written concurrence of the COA must also be secured.  Failure to comply with all three conditions would constitute appearance without authority.  A lawyer appearing after his authority as counsel had expired is also appearance without authority.  Rey Vargas, et al. vs. Atty. Michael Ignes, et al., A.C. No. 8096, July 5, 2010.

Attorney; engagement of private counsel by LGU. Pursuant to this provision [Section 444(b)(1)(vi) of the LGC], the municipal mayor is required to secure the prior authorization of the Sangguniang Bayan before entering into a contract on behalf of the municipality. In the instant case, the Sangguniang Bayan of Tiwi unanimously passed Resolution No. 15-92 authorizing Mayor Corral to hire a lawyer of her choice to represent the interest of Tiwi in the execution of this Court’s Decision in National Power Corporation v. Province of Albay. The above-quoted authority necessarily carried with it the power to negotiate, execute and sign on behalf of Tiwi the Contract of Legal Services. Municipality of Tiwi, represented by Hon. Mayor Jaime C. Villanueva and Sangguniang Bayan of Tiwi Vs. Antonio B. Betito, G.R. No. 171873, July 9, 2010.

Attorney; gross misconduct. In Lao v. Medel, we held that the deliberate failure to pay just debts and the issuance of worthless checks constitute gross misconduct for which a lawyer may be sanctioned with one-year suspension from the practice of law. However, in this case, we deem it reasonable to affirm the sanction imposed by the IBP-CBD, i.e., Atty. Valerio was ordered suspended from the practice of law for two (2) years, because, aside from issuing worthless checks and failing to pay her debts, she has also shown wanton disregard of the IBP’s and Court Orders in the course of the proceedings. A-1 Financial Services, Inc. vs. Atty. Laarni N. Valerio, A.C. No. 8390, July 2, 2010.